IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.62955 OF 2016 (GM-TEN) BETWEEN:
SRI JAYRAM, PROP M/S KUSUMA ELECTRICALS, S/O LATE NANDYAPPA SHETTY, AGED ABOUT 47 YEARS, R/AT NO.2, 1ST MAIN ROAD, SARASWATHIPURAM, NANDINI LAYOUT, BENGALURU-560096.
... PETITIONER (BY SRI. HAREESH BHANDARY T, ADV., - ABSENT) AND:
1. COMMISSIONER, MANGALORE CITY CORPORATION, LALBAGH, MANGALORE-575005.
2. EXECUTIVE ENGINEER, MANGALORE CITY CORPORATION, DIVISION-1, LALBAGH, MANGALORE 575005.
3. SRI L A FERNANDES, S/O FERNANDES, AGED ABOUT 58 YEARS, ELECTRIC CONTRACTOR, OPP ARUNA NURSERY, NEW BALMATTA ROAD, MANGALORE-1.
4. DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, VISVESHWARAIAH TOWER, 9TH FLOOR, AMBEDKAR VEEDHI, BENGALURU-560001.
... RESPONDENTS (By Sri. VISHWAJITH SHETTY, ADV., FOR R1 & R2-ABSENT R-3-SERVED AND UNREPRESENTED SRI.VIJAY KUMAR.A.PATIL, AGA FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-4 DTD:22.10.2016 VIDE ANNEXURE- F AND QUASH THE WORK ORDER ISSUED BY THE R-2 DTD:31.12.2015 AND HAVING INDENT NO.33325 VIDE ANNEXURE-E AND QUASH THE E-TERNDER NOTIFICATION DTD:5.11.2015, DMA 2015-16 IN RESPECT OF INDENT NO.33325 AT SL NO.7 IN RESPECT OF ZONE, VIDE ANNEXURE- A & ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Sri. Vijaykumar A. Patil, learned Additional Government Advocate for Respondent No.4.
In this writ petition, petitioner, inter alia, has prayed for the following reliefs:-
“ a. Issue a Writ, Writ in the nature of the Certiorari, quashing the order passed by the 4th respondent dated 22.10.2016 bearing No.DzÉñÀ ¸ÀASÉå:¥Ë¤/vÁAwæPÀ/ªÀÄAUÀ¼ÀÆgÀÄ/ªÉÄîä£À«/¹Dgï/297/2015-16, vide Annexure-F.
b. Issue a Writ, Writ in the nature of the Certiorari, quashing the work order issued by the 2nd respondent, dated 31.12.2015 bearing No.C.¥À.£ÀA.1303/2015-16, and having Indent No.33325 vide Annexure-E.
c. Issue a Writ, Writ in the nature quashing the e-tender notification dated 05.11.2015, DMA 2015-16 in respect of Indent No.33325 at Sl.No.7, in respect of Zone 7, vide Annexure-A.
d. Issue a Writ, Writ in the nature of Mandamus directing the respondents to call for a fresh e-tender notification.
e. Grant such other relief or relief’s as this Hon’ble Court may deem fit under the facts and circumstances of the case”.
2. When the matter is taken up today, learned Additional Government Advocate submits that the contract in question was awarded to the 3rd Respondent by an order dated 31.12.2015 which was upheld by the Appellate Authority by an order dated 22.10.2016 passed under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999. It is further submitted that the period of contract which was awarded to the 3rd Respondent has come to an end on 31.12.2016.
3. The Bench of this Court while issuing notice to the Respondents, has not granted ad-interim order. The 3rd Respondent must have completed the work which was allotted to him in pursuance of the order dated 31.12.2015. Therefore, nothing survives for adjudication in this writ petition.
4. Accordingly, the same is dismissed as infructuous.
Sd/- JUDGE Srl.